Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 21673-21678 [05-8443]
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Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Rules and Regulations
(n) Transmitters designed to operate
in the voice mode on channels
designated in § § 90.531(b)(5) or
90.531(b)(6) that do not provide at least
one voice path per 6.25 kHz of spectrum
bandwidth shall not be manufactured
in, or imported into the United States
after December 31, 2014. Marketing of
these transmitters shall not be permitted
after December 31, 2014.
I 3. Section 90.535 is amended by
revising paragraphs (d)(1) and (d)(2) to
read as follows:
or maintenance of such systems) at a
voice efficiency of at least one voice
path per 12.5 kHz of spectrum
bandwidth until December 31, 2016.
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[FR Doc. 05–8204 Filed 4–26–05; 8:45 am]
BILLING CODE 6712–01–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
This rule is effective May 1, 2005
through December 31, 2005. The
Atlantic commercial shark fishing
season opening and closing dates and
quotas are provided in Table 1 under
SUPPLEMENTARY INFORMATION.
DATES:
§ 90.535 Modulation and spectrum usage
effeciency requirements.
50 CFR Part 635
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[Docket No. 050303056-5108-02; I.D.
020205F]
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(d) * * *
(1) With the exception of licensees
designated in paragraph (d)(2) of this
section, after December 31, 2014,
licensees may only operate in voice
mode in these channels at a voice
efficiency of at least one voice path per
6.25 kHz of spectrum bandwidth.
(2) Licensees authorized to operate
systems in the voice mode on these
channels from applications filed on or
before December 31, 2014, may continue
operating in voice mode on these
channels (including modification
applications of such licenses granted
after December 31, 2014, for expansion
small coastal sharks (SCS); and pelagic,
blue, and porbeagle sharks based on
over- or underharvests from the 2004
second semi-annual season. In addition,
this rule establishes the opening and
closing dates for the LCS fishery based
on adjustments to the trimester quotas.
This action could affect all commercial
fishermen in the Atlantic commercial
shark fishery. This action is necessary to
ensure that the landings quotas in the
Atlantic commercial shark fishery
represent the latest landings data.
RIN 0648–AT07
Atlantic Highly Migratory Species;
Atlantic Commercial Shark
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishing season
notification.
AGENCY:
SUMMARY: This rule establishes the
second and third trimester season
quotas for large coastal sharks (LCS);
For copies of this rule, write
to Highly Migratory Species
Management Division, 1315 East-West
Highway, Silver Spring, MD 20910.
Copies are also available on the internet
at https://www.nmfs.noaa.gov/sfa/hms.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Chris Rilling, Karyl Brewster-Geisz, or
Mike Clark by phone: 301–713–2347 or
by fax: 301–713–1917.
SUPPLEMENTARY INFORMATION:
Opening and Closing Dates and Quotas
TABLE 1—OPENING AND CLOSING DATES AND QUOTAS
Species Group
Region
Opening Date
Closing Date
Quota
July 23, 2005 11:30
p.m. local time
147.8 mt dw (325,839
lb dw)
August 31, 2005 11:30
p.m. local time
182.0 mt dw (401,237
lb dw)
Second Trimester Season
Large Coastal Sharks
Gulf of Mexico
July 6, 2005
South Atlantic
North Atlantic
Gulf of Mexico
Small Coastal Sharks
July 21, 2005
May 1, 2005
65.2 mt dw (143,739 lb
dw)
To be determined, as
necessary1
30.5 mt dw (67,240 lb
dw)
South Atlantic
North Atlantic
Blue sharks
281.3 mt dw (620,153
lb dw)
23.0 mt dw (50,706 lb
dw)
No regional quotas
May 1, 2005
To be determined, as
necessary1
91.0 mt dw (200,619 lb
dw)
Porbeagle sharks
30.7 mt dw (67,681 lb
dw)
Pelagic sharks other than blue or porbeagle
162.7 mt dw (358,688
lb dw)
Third Trimester Season
Large Coastal Sharks
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September 1, 2005
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October 31, 2005
11:30 p.m. local time
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167.7 mt dw (369,711
lb dw)
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TABLE 1—OPENING AND CLOSING DATES AND QUOTAS—Continued
Species Group
Region
Closing Date
Quota
South Atlantic
November 15, 2005
11:30 p.m. local time
187.5 mt dw (413,362
lb dw)
North Atlantic
Small Coastal Sharks
September 15, 2005
11:30 p.m. local time
4.8 mt dw (10,582 lb
dw)
To be determined, as
necessary1
31.7 mt dw (69,885 lb
dw)
Gulf of Mexico
Opening Date
September 1, 2005
South Atlantic
North Atlantic
Blue sharks
201.0 mt dw (443,345
lb dw)
15.9 mt dw (35,053 lb
dw)
No regional quotas
September 1, 2005
To be determined, as
necessary1
91.0 mt dw (200,619 lb
dw)
Porbeagle sharks
30.7 mt dw (67,681 lb
dw)
Pelagic sharks other than blue or porbeagle
162.7 mt dw (358,688
lb dw)
1When
necessary, the closing date will be established and a notification will be published in the Federal Register.
Background
The Atlantic shark fishery is managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). The Fisheries Management Plan
for Atlantic Tunas, Swordfish, and
Sharks (HMS FMP), finalized in 1999,
and Amendment 1 to the HMS FMP,
finalized in 2003, are implemented by
regulations at 50 CFR part 635.
On December 24, 2003, NMFS
published a final rule (68 FR 74746) for
Amendment 1 to the HMS FMP that
established, among other things, the
2004 annual landings quota for LCS at
1,017 metric tons (mt) dressed weight
(dw) and the 2004 annual landings
quota for SCS at 454 mt dw. The final
rule also established regional LCS and
SCS quotas for the commercial shark
fishery in the Gulf of Mexico (Texas to
the west coast of Florida), South
Atlantic (east coast of Florida to North
Carolina and the Caribbean), and North
Atlantic (Virginia to Maine). The LCS
and SCS quotas were split among the
three regions based upon historic
landings.
On November 30, 2004, NMFS
published a final rule (69 FR 69537) that
adjusted the 2005 regional quotas for
LCS and SCS based on updated landings
information, divided the quotas among
the three trimester seasons, established
a method of accounting for over- or
underharvests in the transition from
semi-annual to trimester seasons, and
implemented a new process for
notifying participants of season opening
and closing dates and quotas.
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The 2004 final rule divided the LCS
quota among the three regions as
follows: 52 percent to the Gulf of
Mexico, 41 percent to the South
Atlantic, and 7 percent to the North
Atlantic. The SCS quota was split
among the three regions as follows: 10
percent to the Gulf of Mexico, 88
percent to the South Atlantic, and 2
percent to the North Atlantic. The
regional quotas for LCS and SCS were
divided equally between the trimester
seasons in the South Atlantic and the
Gulf of Mexico, and according to
historical landings in the North
Atlantic. The quotas were divided in
this manner because sharks are available
throughout much of the year in the Gulf
of Mexico and South Atlantic regions,
but primarily during the summer
months in the North Atlantic region.
Dividing the quota according to
historical landings in the North Atlantic
provided that region with a better
opportunity to harvest its regional
quota.
The final rule also established a
method of dividing any over- or
underharvests from the 2004 first semiannual season equally between the 2005
first and second trimester seasons, and
any over- or underharvest from the 2004
second semi-annual season equally
between the 2005 second and third
trimester seasons. This was done, in
part, to make a larger portion of the
quota available to fishermen during the
second and third trimester seasons
when the time/area closure off North
Carolina will no longer be in effect.
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The 2004 final rule established a
process of issuing proposed and final
rules for notification of season lengths
and quotas to facilitate public comment.
This final rule serves as notification of
season lengths and quotas pursuant to
50 CFR 635.27(b)(1)(iii). This action
does not change the 2005 base landings
quota or the 2005 regional quotas
established in the November 30, 2004,
final rule (69 FR 69537).
NMFS issued a proposed rule on
March 10, 2005 (70 FR 11922), to adjust
regional quotas based on over- or
underharvests from the 2004 season and
to establish the second and third
trimester season opening and closing
dates.
Response to Comments
Comments on the March 2005
proposed rule received during the
public comment period are summarized
below, together with NMFS’ responses.
Comment 1: NMFS received several
comments regarding the proposed
second trimester season opening dates.
Commenters indicated a preference for
a number of different opening dates
including May 1, July 1, and July 6. All
of the commenters expressed a
preference for a particular date due to a
combination of potential shark
availability, marketing concerns, other
fishery openings and closings such as
lobster and grouper, and other economic
considerations.
Response: NMFS has selected July 6
as the opening date for the second
trimester LCS season in the Gulf of
Mexico and South Atlantic regions, and
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July 21 as the opening date for the North
Atlantic region. The LCS season was
postponed from the May 1 start date in
order to protect sharks during the
pupping season and to ensure
availability of quota for North Carolina
fishermen after the reopening of the
time/area closure on August 1, 2005.
The shark pupping season occurs from
March through September in the
Atlantic Ocean and the Gulf of Mexico
with a peak from May through June. The
LCS fishery has usually been closed for
at least some of the time during these
peak pupping months to reduce the
likelihood of interactions with juvenile
and reproductive female sharks.
Additionally, if NMFS were to open the
season on May 1, it is likely that the
South Atlantic regional quota would
have been harvested prior to the
reopening of the time/area closure off
North Carolina. Although July 1 has
historically been the start of the second
semi-annual season, NMFS received
several comments that a season opening
date of July 6 would improve marketing
opportunities because it does not
conflict with the Fourth of July holiday.
Commenters pointed out that a July 6
season start date would prevent a glut
of shark product on the market prior to
the Fourth of July holiday when the
market for sharks has historically been
low. Thus, NMFS believes that the July
6 start date for the second trimester LCS
season in the South Atlantic and Gulf of
Mexico regions strikes a balance
between the various competing interests
based on shark availability, pupping
concerns, and equitable distribution of
the quota. The start date of July 21 for
the North Atlantic region will allow that
region’s second and third trimester
seasons to run consecutively.
Comment 2: The proposed opening
date of September 1 for the third
trimester season in the Gulf of Mexico
will allow fishing when there are
virtually no sharks to catch, with the
exception of migrating dusky sharks.
This is a prohibited species that will no
doubt be caught and discarded if there
is any fishing effort in the Gulf of
Mexico during this time.
Response: NMFS does not anticipate
that there will be excessive catch and
discard of prohibited shark species.
However the likelihood of catching
prohibited species always exists, and
NMFS will monitor landings and
discards closely in order to determine
whether the discard of prohibited shark
species is excessive. Vessels will be
selected for observer coverage, and
through the observers, NMFS will be
able to determine during the season if
the third trimester season is resulting in
excessive prohibited species
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interactions. Before the 2006 third
season, NMFS will also use logbook
reports to further verify whether or not
opening at that time caused excessive
prohibited species interactions.
Comment 3: Catching sharks should
be totally banned. If not totally banned,
then shark quotas should be cut by 50
percent this year, and by 10 percent
every year after that.
Response: NMFS does not believe that
banning all shark fishing is warranted
for the following reasons: a number of
businesses, including fishermen,
processors, suppliers, and dealers could
be forced out of business and a number
of communities, including recreational
fishing communities, would be
adversely affected. In addition, the
current rebuilding plan implemented in
2003 reduced the LCS quotas by 41
percent from 1,714 to 1,017 mt dw, to
ensure a sustainable fishery and viable
Atlantic shark populations in
compliance with the requirements of the
Magnuson-Stevens Act and other
domestic laws.
Comment 4: NMFS should implement
a more frequent reporting system for
Atlantic shark landings. Reporting every
week, as opposed to the current twoweek reporting period, would help
improve monitoring catch rates during
the season.
Response: NMFS may consider
shortening the reporting period in the
future. However, prior to taking such an
action, NMFS would need to conduct
additional analyses, including an
opportunity for public notice and
comment as required by the Paperwork
Reduction Act (PRA). Since shortening
the reporting period would increase the
reporting burden on seafood dealers,
NMFS would need to amend the current
regulations as well as the information
collection approved by the Office of
Management and Budget pursuant to the
PRA. Even if the reporting period were
shortened, NMFS would likely continue
to establish the commercial shark
fishing seasons in advance of the season
to avoid overharvests.
Comment 5: NMFS should shorten the
third trimester season in the South
Atlantic by approximately one month to
avoid an overharvest.
Response: NMFS agrees that there is
the possibility that catch rates in late
October or early November could
increase, potentially resulting in an
overharvest. As a result, NMFS will take
the precautionary step of closing the
third trimester season in the South
Atlantic on November 15. Any over- or
underharvest will be counted against or
added to the South Atlantic quota
during the third season of 2006.
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Comment 6: NMFS should consider
opening the first trimester season in
February rather than January, because
sharks are typically not available until
that time.
Response: NMFS will consider
postponing the opening date in all
regions for the 2006 first trimester
season in a proposed rule to be
published later this year in the Federal
Register.
Comment 7: There are enormous
numbers of spiny dogfish and
something must be done to manage
them.
Response: Spiny dogfish are currently
managed jointly by the Mid-Atlantic
and New England Fishery Management
Councils. Any comments on that FMP
should be submitted to those Councils.
Changes From the Proposed Rule
(March 10, 2005, 70 FR 11922)
In the proposed rule, NMFS
considered opening the LCS second
trimester season in the Gulf of Mexico
on August 1, in the South Atlantic on
July 1, and in the North Atlantic on July
15. NMFS considered delaying the start
of the second season from May 1 in
order to reduce the likelihood of
interactions during shark pupping
periods, and to allow the available quota
to be harvested by the beginning of the
third trimester season. Delaying the start
of the second trimester season would
have allowed the second and third
trimester seasons to run consecutively.
This would have prevented the need for
a closure of the LCS fishery between the
second and third trimester seasons and
could have helped minimize disruption
to fishery participants in the transition
from semi-annual to trimester seasons.
After considering public comments,
NMFS has decided to change the season
opening date for the Gulf of Mexico
from August 1 to July 6, and the South
Atlantic season opening date from July
1 to July 6. NMFS received several
comments that a July 6 opening date in
both regions would improve marketing
opportunities because it does not
conflict with the Fourth of July holiday.
Many fishermen indicated that sharks
are available in July, but not in August,
and that an opening date of August 1
would have had negative economic
impacts on fishermen in the Gulf of
Mexico as a result. Fishermen also
noted that the lobster fishery opens on
August 1, and that opening the shark
season on the same date would have
prevented them from participating in
either the shark or the lobster fishery,
thus creating further economic hardship
on fishermen who rely on revenues from
both fisheries. Since the fishery has
historically opened on July 1, NMFS
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does not believe there will be any
negative ecological or economic impacts
as a result of this change. Since the
season will now begin on July 6, and
catch rates have historically been higher
in July than August however, the season
in the Gulf of Mexico will need to be
shortened. Consequently, the second
and third trimester seasons in the Gulf
of Mexico will not run consecutively.
For the North Atlantic region, recent
updates to landings information
indicated higher landings that required
delaying the start of the second
trimester season one week from July 15
to July 21. This will allow the second
and third trimester seasons to run
consecutively from July 21 to August 31,
2005, and from September 1 to
September 15, 2005, respectively,
without overharvesting the quota.
In the proposed rule, NMFS
considered a closing date of December
15 for the South Atlantic region. After
considering public comments, NMFS
has decided to establish a closing date
of November 15. There has historically
been no commercial shark fishery in
October or November, and NMFS thus
estimated the closing date in the
proposed rule based on the available
quota and historic catch rates during
August and September. Fishermen
indicated that there is a likelihood of an
increased harvest of LCS during October
and November, and that leaving the
fishery open until December 15 could
have resulted in an overharvest. Thus,
NMFS opted for a precautionary
approach of an earlier closing date. In
the event that the quota is not caught
during this period, NMFS may consider
a longer season in the future.
Available Quotas
The calculations and details for
establishing the regional quotas are
described in the proposed rule (March
10, 2005, 70 FR 11922) and are not
repeated here. For the Gulf of Mexico,
the final LCS quotas for the second and
third trimester seasons are 147.8 and
167.7 mt dw, respectively, and the final
SCS quotas for the second and third
trimester seasons are 30.5 and 31.7 mt
dw, respectively.
For the South Atlantic, the final LCS
quotas for the second and third
trimester seasons are 182.0 and 187.5 mt
dw, respectively, and the final SCS
quotas for the second and third
trimester seasons are 281.3 and 201.0 mt
dw, respectively.
For the North Atlantic, the final LCS
quotas for the second and third
trimester seasons are 65.2 and 4.8 mt
dw, respectively, and the final SCS
quotas for the second and third
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trimester seasons are 23.0 and 15.9 mt
dw, respectively.
The 2005 second and third trimester
quotas for pelagic (other than blue and
porbeagle), blue, and porbeagle sharks
are established at 162.7 mt dw (358,688
lb dw), 91.0 mt dw (200,619 lb dw), and
30.7 mt dw (67,681 lb dw), respectively.
Fishing Season Notification for the
Second Season
The second trimester fishing season of
the 2005 fishing year for LCS will open
on July 6, 2005, in the South Atlantic
and Gulf of Mexico regions, and on July
21, 2005, in the North Atlantic region.
The second trimester season LCS fishery
will close on July 23, 2005, at 11:30 p.m.
local time in the Gulf of Mexico, and on
August 31, 2005, at 11:59 p.m. local
time in the South Atlantic and North
Atlantic regions.
The second trimester fishing season of
the 2005 fishing year for SCS, pelagic
sharks, blue sharks, and porbeagle
sharks in the northwestern Atlantic
Ocean, including the Gulf of Mexico
and the Caribbean Sea, will open on
May 1, 2005. When quotas are projected
to be reached for the SCS, pelagic, blue,
or porbeagle shark fisheries, the
Assistant Administrator (AA) will file
notification of closures at the Office of
Federal Register at least 14 days before
the effective date, as consistent with 50
CFR 635.28(b)(2).
To estimate the LCS fishery opening
and closing dates for the second season,
NMFS calculated the average reported
catch rates for each region from the
second semi-annual season in recent
years (2000–2004). These catch rates
were used to estimate the amount of
available quota that would likely be
taken by the end of each dealer
reporting period.
Consistent with 50 CFR
635.27(b)(1)(vi), any over- or
underharvests in one region will result
in an equivalent increase or decrease in
the following year’s quota for that
region.
Because state landings during a
Federal closure are counted against the
quota, NMFS also calculated the average
amount of quota reported received
during the Federal closure dates of the
years used to estimate catch rates.
Pursuant to 50 CFR 635.5(b)(1)(iii),
shark dealers must report any sharks
received twice a month. More
specifically, sharks received between
the first and 15th of every month must
be reported to NMFS by the 25th of that
same month and those received between
the 16th and the end of the month must
be reported to NMFS by the 10th of the
following month. Thus, in order to
simplify dealer reporting and aid in
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managing the fishery, in recent years
NMFS has opened and closed the
Federal LCS fishery on either the 15th
or the end of any given month.
However, based on available quota,
historic catch rates, and the recent
change counting state landings against
the quota, NMFS has decided to allow
the Gulf of Mexico LCS fishery to
remain open for 18 days during the
second trimester season, rather than the
usual two or four weeks. An 18-day
season will allow the quota to be
harvested without exceeding the quota.
A two-week season would only have
allowed 75 percent of the quota to be
harvested.
Based on average LCS catch rates in
recent years (2000–2004) for the Gulf of
Mexico region, approximately 92
percent of the available second trimester
LCS quota (148.0 mt dw) would likely
be taken in 18 days and 108 percent of
the available LCS quota would likely be
taken in three weeks. Dealer data also
indicate that, on average, approximately
6.5 mt dw of LCS has been reported
received by dealers during a Federal
closure. This is approximately 4 percent
of the available quota. If catch rates in
2005 are similar to the average catch
rates from 2000 to 2004, 96 percent (92
+ 4 percent) of the second trimester
quota could be caught if the season were
open for 18 days, and 112 percent (108
+ 4) of the quota could be caught if the
season were open for three weeks. If the
fishery were to remain open for three
weeks, the quota would likely be
exceeded. Thus, the LCS fishery in the
Gulf of Mexico region will open on July
6, 2005, and close at 11:30 p.m. on July
23, 2005.
Based on average LCS catch rates in
recent years (2000–2004) for the South
Atlantic region, and accounting for
reduction in effort due to the time/area
closure off North Carolina,
approximately 89 percent of the
available second trimester LCS quota
(182.0 mt dw) would likely be taken in
eight weeks and 107 percent of the
available LCS quota would likely be
taken in nine weeks. Dealer data also
indicate that, on average, approximately
17 mt dw of LCS has been reported
received by dealers during a Federal
closure. This is approximately 9 percent
of the available quota. Thus, if catch
rates in 2005 are similar to the average
catch rates from 2000 to 2004, 98
percent (89 percent + 9 percent) of the
quota could be caught in eight weeks,
and 116 percent (107 percent + 9
percent) of the quota could be caught in
nine weeks. Thus, in order for the
second and third trimester seasons to
run consecutively without exceeding
the quota during the second trimester
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season, the LCS fishery in the South
Atlantic will open on July 6, 2005, and
close at 11:59 p.m. on August 31, 2005.
Based on average LCS catch rates in
recent years (2000–2004) for the North
Atlantic region, approximately 80
percent of the available second trimester
LCS quota (65.2 mt dw) would likely be
taken in five weeks and 89 percent of
the available LCS quota would likely be
taken in six weeks. Dealer data also
indicate that, on average, approximately
12 mt dw of LCS has been reported
received by dealers during a Federal
closure. This is approximately 18
percent of the available quota. Thus, if
catch rates in 2005 are similar to the
average catch rates from 2000 to 2004,
98 percent (80 + 18 percent) of the quota
could be caught in five weeks, and 107
percent (89 percent + 18 percent) in six
weeks. Thus, allowing the fishery to
stay open for six weeks could result in
an overharvest. In order for the second
and third trimester seasons to run
consecutively without exceeding the
quota during the second trimester
season, the North Atlantic will open on
July 21, 2005 and close at 11:59 p.m. on
August 31, 2005.
Fishing Season Notification for the
Third Season
The third trimester fishing season of
the 2005 fishing year for LCS, SCS,
pelagic sharks, blue sharks, and
porbeagle sharks in all regions in the
northwestern Atlantic Ocean, including
the Gulf of Mexico and the Caribbean
Sea, will open on September 1, 2005.
When quotas are projected to be reached
for the SCS, pelagic, blue, or porbeagle
shark fisheries, the AA will file
notification of closures at the Office of
Federal Register at least 14 days before
the effective date, as consistent with 50
CFR 635.28(b)(2).
NMFS will close the third trimester
season LCS fishery in the North Atlantic
on September 15, 2005, at 11:30 p.m.
local time, in the Gulf of Mexico on
October 31, 2005, at 11:30 p.m. local
time, and in the South Atlantic on
November 15, 2005, at 11:30 p.m. local
time.
Since the LCS fishery has historically
been closed during much of the third
trimester period, NMFS used average
LCS catch rates from August and
September in recent years (2000–2004)
to estimate the third trimester season
catch rates and closure dates for each of
the regions. NMFS used this
precautionary approach of averaging
catch rates from August and September
because of the potential for higher effort
in September than has been observed in
the past, and to reduce the likelihood of
an overharvest. Using catch rates from
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August alone may not be appropriate
because catch rates during that month
have been higher historically than
during September, and because it does
not fall within the third trimester
season. However, using catch rates from
September alone may also not be
appropriate because of the lack of data
during that month. Hence, NMFS used
the average of the two-month catch
rates.
In the Gulf of Mexico, approximately
79 percent of the available third
trimester LCS quota (167.8 mt dw)
would likely be taken by the end of
October and 99 percent of the available
LCS quota would likely be taken by the
second week of November. Dealer data
also indicate that, on average,
approximately 6.5 mt dw of LCS has
been reported received by dealers after
a Federal closure. This is approximately
4 percent of the available quota. Thus,
if catch rates in 2005 are similar to the
average catch rates from 2000 to 2004,
82 percent (79 percent + 4 percent) of
the quota could be caught by the end of
October. If the fishery were to remain
open until the second week of
November, the quota would likely be
exceeded (99 percent + 4 percent = 103
percent). Accordingly, NMFS will close
the Gulf of Mexico LCS fishery on
October 31, 2005, at 11:30 p.m. local
time.
In the South Atlantic, approximately
86 percent of the available third
trimester LCS quota (187.5 mt dw)
would likely be taken by the second
week of December and 98 percent of the
available LCS quota would likely be
taken by the end of December. Dealer
data also indicate that, on average,
approximately 18 mt dw of LCS has
been reported received by dealers after
a Federal closure. This is approximately
10 percent of the available quota. Thus,
if catch rates in 2005 are similar to the
average catch rates from 2000 to 2004,
96 percent (86 percent + 10 percent) of
the quota could be caught by the second
week of December. If the fishery were to
remain open until the end of December,
the quota would likely be exceeded (98
percent + 10 percent = 108 percent).
However, since publishing the proposed
rule (March 10, 2005, 70 FR 11922),
NMFS has received comments from
fishermen with historical knowledge of
the fishery that landings may actually
increase in late October or early
November. As a precautionary step to
avoid an overharvest, NMFS will close
the South Atlantic LCS fishery on
November 15, 2005, at 11:30 p.m. local
time.
In the North Atlantic region,
approximately 70 percent of the
available third trimester LCS quota (4.8
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
21677
mt dw) would likely be taken by the
second week of September and 140
percent of the available LCS quota
would likely be taken by the end of
September. Dealer data also indicate
that, on average, approximately 7 mt dw
of LCS has been reported received by
dealers after a Federal closure. This is
approximately 138 percent of the
available quota. Thus, if catch rates in
2005 are similar to the average catch
rates from 2000 to 2004, 210 percent (70
percent + 140 percent) of the quota
could be caught by the second week of
September. Accordingly, NMFS will
close the North Atlantic LCS fishery on
September 15, 2005, at 11:30 p.m. local
time. This is the shortest season
duration that NMFS believes is
reasonable to ensure harvest of the 4.8
mt dw quota. Although the percentage
overharvest ms high, the actual landings
during a Federal closure in the North
Atlantic (7 mt dw) are low compared to
the overall LCS quota (<1 percent), and
NMFS does not believe that this would
have a negative ecological impact on the
LCS rebuilding plan.
Classification
The Chief Counsel for Regulation at
the Department of Commerce certified
to the Chief Counsel for Advocacy at the
Small Business Administration that this
action would not have a significant
economic impact on a substantial
number of small entities.
The factual basis for this certification
was published in the proposed rule. No
comments were received regarding the
economic impact of this rule. As a
result, no Final Regulatory Flexibility
Act analysis was prepared. This final
rule will not increase overall quotas,
landings or regional percentages for LCS
or SCS, implement any new
management measures not previously
considered, and is not expected to
increase fishing effort or protected
species interactions.
The AA finds that good cause exists
to waive the 30-day delay in effective
date for the May 1, 2005, start of the
second trimester fishing season for SCS,
pelagic, blue, and porbeagle shark
fisheries. NMFS received updated
landings reports for the first and second
2004 fishing seasons on February 17,
2005. These data were necessary for
making over- or underharvest
adjustments to the quotas consistent
with 50 CFR 635.27(b)(1)(vi). Although
preliminary reports from earlier
reporting periods were available, NMFS
needed to obtain the most recent
landings data available to establish
appropriate quotas and season lengths
based on the best available information
for the 2005 second and third trimester
E:\FR\FM\27APR1.SGM
27APR1
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Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Rules and Regulations
seasons. The February 17, 2005, report
on commercial shark landings was the
first report received from dealers since
the end of the 2004 second semi-annual
season, as well as the first report
received for the 2005 first trimester
season. If the 30-day delay in effective
date is not waived, then commercial
fishermen in the SCS, pelagic, blue, and
porbeagle shark fisheries will not be
able to fish on May 1, 2005. Not
allowing them to fish for these species,
which are not overfished and are not at
risk of an overharvest, would have
negative economic impacts. Negative
economic impacts would include
elimination of all shark landings during
a time in which fishermen have
historically been allowed to fish, loss of
anticipated revenues, marketing
opportunities, predictability in the
supply and availability of shark
products, and general disruption to the
Atlantic commercial shark fishery.
Since the LCS commercial fishing
season has been shortened in recent
years to adjust for lower LCS landings
quotas, fishermen have come to rely on
landings of SCS, pelagic, blue, and
porbeagle sharks during times when the
LCS fishery is closed. Not allowing the
fishery to remain open during this
period would likely result in fishermen
having to target other species, switch to
new gears, or leave the fishery entirely.
Other provisions of this final rule,
including the opening dates for LCS,
would have a 30-day delay in
effectiveness from the date of
publication of this rule. Accordingly,
pursuant to 5 U.S.C. 553(d)(1), a delay
in effective date is waived for the abovereferenced May 1, 2005, start date.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS determined that this rule will
be implemented in a manner that is
consistent, to the maximum extent
practicable, with the enforceable
policies of the approved coastal zone
management (CZM) programs of coastal
states in the Atlantic, Gulf of Mexico,
and Caribbean. NMFS asked for states
concurrence with this determination
during the proposed rule stage. Three
states replied affirmatively regarding the
consistency determination, and one
state (Texas) indicated that its CZM
program no longer issues consistency
determinations for federally managed
fishing activities. NMFS presumes that
the remaining states that have not yet
responded concur with the
determination.
VerDate jul<14>2003
17:56 Apr 26, 2005
Jkt 205001
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: April 22, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05–8443 Filed 4–22–05; 4:31 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126333–5040–02; I.D.
042105C]
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of a closure.
AGENCY:
SUMMARY: NMFS is opening directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary to allow
the deep-water species fisheries by
vessels using trawl gear in the GOA to
resume.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 24, 2005, through
1200 hrs, A.l.t., July 5, 2005.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
NMFS closed directed fishing for
species that comprise the deep-water
species fishery by vessels using trawl
gear in the GOA under § 679.21(d)(7)(i)
on April 8, 2005 (70 FR 19338, April 13,
2005).
NMFS has determined that
approximately 60 metric tons of halibut
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
remain in the second seasonal
apportionment of the 2005 Pacific
halibut bycatch allowance specified for
the deep-water species fishery in the
GOA. Therefore, in accordance with
§§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D),
and to allow the deep-water species
fisheries by vessels using trawl gear in
the GOA to resume, NMFS is
terminating the previous closure and is
reopening directed fishing for species
that comprise the deep-water species
fishery by vessels using trawl gear in the
GOA. The reopening is effective 1200
hrs, Alaska local time (A.l.t.), April 24,
2005, through 1200 hrs, A.l.t., July 5,
2005. The species and species groups
that comprise the deep-water species
fishery are all rockfish of the genera
Sebastes and Sebastolobus, deep-water
flatfish, rex sole, arrowtooth flounder,
and sablefish.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the delay the opening of the
fishery, not allow the full utilization of
the species and species groups that
comprise the deep-water species
fisheries, and therefore reduce the
public’s ability to use and enjoy the
fishery resource.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 22, 2005.
Galen R. Tromble
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–8448 Filed 4–22–05; 4:10 pm]
BILLING CODE 3510–22–S
E:\FR\FM\27APR1.SGM
27APR1
]]>Agencies
[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Pages 21673-21678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8443]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 050303056-5108-02; I.D. 020205F]
RIN 0648-AT07
Atlantic Highly Migratory Species; Atlantic Commercial Shark
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; fishing season notification.
-----------------------------------------------------------------------
SUMMARY: This rule establishes the second and third trimester season
quotas for large coastal sharks (LCS); small coastal sharks (SCS); and
pelagic, blue, and porbeagle sharks based on over- or underharvests
from the 2004 second semi-annual season. In addition, this rule
establishes the opening and closing dates for the LCS fishery based on
adjustments to the trimester quotas. This action could affect all
commercial fishermen in the Atlantic commercial shark fishery. This
action is necessary to ensure that the landings quotas in the Atlantic
commercial shark fishery represent the latest landings data.
DATES: This rule is effective May 1, 2005 through December 31, 2005.
The Atlantic commercial shark fishing season opening and closing dates
and quotas are provided in Table 1 under SUPPLEMENTARY INFORMATION.
ADDRESSES: For copies of this rule, write to Highly Migratory Species
Management Division, 1315 East-West Highway, Silver Spring, MD 20910.
Copies are also available on the internet at https://www.nmfs.noaa.gov/
sfa/hms.
FOR FURTHER INFORMATION CONTACT: Chris Rilling, Karyl Brewster-Geisz,
or Mike Clark by phone: 301-713-2347 or by fax: 301-713-1917.
SUPPLEMENTARY INFORMATION:
Opening and Closing Dates and Quotas
Table 1--Opening and Closing Dates and Quotas
------------------------------------------------------------------------
Opening Closing
Species Group Region Date Date Quota
------------------------------------------------------------------------
Second Trimester Season
------------------------------------------------------------------------
Large Coastal Sharks Gulf of July 6, July 23, 147.8 mt
Mexico 2005 2005 dw
11:30 (325,839
p.m. lb dw)
local
time
---------- -----------------------
South ........ August 31, 182.0 mt
Atlanti 2005 dw
c 11:30 (401,237
p.m. lb dw)
local
time
-------------------- -----------
North July 21, .......... 65.2 mt dw
Atlanti 2005 (143,739
c lb dw)
------------------------------------------------------------------------
Small Coastal Sharks Gulf of May 1, To be 30.5 mt dw
Mexico 2005 determine (67,240
d, as lb dw)
necessary
\1\
---------- -----------
South ........ .......... 281.3 mt
Atlanti dw
c (620,153
lb dw)
---------- -----------
North ........ .......... 23.0 mt dw
Atlanti (50,706
c lb dw)
------------------------------------------------------------------------
Blue sharks No May 1, To be 91.0 mt dw
regiona 2005 determine (200,619
l d, as lb dw)
quotas necessary
\1\
----------------------------- -----------
Porbeagle sharks ........ ........ .......... 30.7 mt dw
(67,681
lb dw)
----------------------------- -----------
Pelagic sharks other than ........ ........ .......... 162.7 mt
blue or porbeagle dw
(358,688
lb dw)
------------------------------------------------------------------------
Third Trimester Season
------------------------------------------------------------------------
Large Coastal Sharks Gulf of Septembe October 167.7 mt
Mexico r 1, 31, 2005 dw
2005 11:30 (369,711
p.m. lb dw)
local
time
---------- -----------------------
[[Page 21674]]
South ........ November 187.5 mt
Atlanti 15, 2005 dw
c 11:30 (413,362
p.m. lb dw)
local
time
---------- -----------------------
North ........ September 4.8 mt dw
Atlanti 15, 2005 (10,582
c 11:30 lb dw)
p.m.
local
time
------------------------------------------------------------------------
Small Coastal Sharks Gulf of Septembe To be 31.7 mt dw
Mexico r 1, determine (69,885
2005 d, as lb dw)
necessary
\1\
---------- -----------
South ........ .......... 201.0 mt
Atlanti dw
c (443,345
lb dw)
---------- -----------
North ........ .......... 15.9 mt dw
Atlanti (35,053
c lb dw)
------------------------------------------------------------------------
Blue sharks No Septembe To be 91.0 mt dw
regiona r 1, determine (200,619
l 2005 d, as lb dw)
quotas necessary
\1\
----------------------------- -----------
Porbeagle sharks ........ ........ .......... 30.7 mt dw
(67,681
lb dw)
----------------------------- -----------
Pelagic sharks other than ........ ........ .......... 162.7 mt
blue or porbeagle dw
(358,688
lb dw)
------------------------------------------------------------------------
\1\When necessary, the closing date will be established and a
notification will be published in the Federal Register.
Background
The Atlantic shark fishery is managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The Fisheries Management Plan for Atlantic Tunas,
Swordfish, and Sharks (HMS FMP), finalized in 1999, and Amendment 1 to
the HMS FMP, finalized in 2003, are implemented by regulations at 50
CFR part 635.
On December 24, 2003, NMFS published a final rule (68 FR 74746) for
Amendment 1 to the HMS FMP that established, among other things, the
2004 annual landings quota for LCS at 1,017 metric tons (mt) dressed
weight (dw) and the 2004 annual landings quota for SCS at 454 mt dw.
The final rule also established regional LCS and SCS quotas for the
commercial shark fishery in the Gulf of Mexico (Texas to the west coast
of Florida), South Atlantic (east coast of Florida to North Carolina
and the Caribbean), and North Atlantic (Virginia to Maine). The LCS and
SCS quotas were split among the three regions based upon historic
landings.
On November 30, 2004, NMFS published a final rule (69 FR 69537)
that adjusted the 2005 regional quotas for LCS and SCS based on updated
landings information, divided the quotas among the three trimester
seasons, established a method of accounting for over- or underharvests
in the transition from semi-annual to trimester seasons, and
implemented a new process for notifying participants of season opening
and closing dates and quotas.
The 2004 final rule divided the LCS quota among the three regions
as follows: 52 percent to the Gulf of Mexico, 41 percent to the South
Atlantic, and 7 percent to the North Atlantic. The SCS quota was split
among the three regions as follows: 10 percent to the Gulf of Mexico,
88 percent to the South Atlantic, and 2 percent to the North Atlantic.
The regional quotas for LCS and SCS were divided equally between the
trimester seasons in the South Atlantic and the Gulf of Mexico, and
according to historical landings in the North Atlantic. The quotas were
divided in this manner because sharks are available throughout much of
the year in the Gulf of Mexico and South Atlantic regions, but
primarily during the summer months in the North Atlantic region.
Dividing the quota according to historical landings in the North
Atlantic provided that region with a better opportunity to harvest its
regional quota.
The final rule also established a method of dividing any over- or
underharvests from the 2004 first semi-annual season equally between
the 2005 first and second trimester seasons, and any over- or
underharvest from the 2004 second semi-annual season equally between
the 2005 second and third trimester seasons. This was done, in part, to
make a larger portion of the quota available to fishermen during the
second and third trimester seasons when the time/area closure off North
Carolina will no longer be in effect.
The 2004 final rule established a process of issuing proposed and
final rules for notification of season lengths and quotas to facilitate
public comment. This final rule serves as notification of season
lengths and quotas pursuant to 50 CFR 635.27(b)(1)(iii). This action
does not change the 2005 base landings quota or the 2005 regional
quotas established in the November 30, 2004, final rule (69 FR 69537).
NMFS issued a proposed rule on March 10, 2005 (70 FR 11922), to
adjust regional quotas based on over- or underharvests from the 2004
season and to establish the second and third trimester season opening
and closing dates.
Response to Comments
Comments on the March 2005 proposed rule received during the public
comment period are summarized below, together with NMFS' responses.
Comment 1: NMFS received several comments regarding the proposed
second trimester season opening dates. Commenters indicated a
preference for a number of different opening dates including May 1,
July 1, and July 6. All of the commenters expressed a preference for a
particular date due to a combination of potential shark availability,
marketing concerns, other fishery openings and closings such as lobster
and grouper, and other economic considerations.
Response: NMFS has selected July 6 as the opening date for the
second trimester LCS season in the Gulf of Mexico and South Atlantic
regions, and
[[Page 21675]]
July 21 as the opening date for the North Atlantic region. The LCS
season was postponed from the May 1 start date in order to protect
sharks during the pupping season and to ensure availability of quota
for North Carolina fishermen after the reopening of the time/area
closure on August 1, 2005. The shark pupping season occurs from March
through September in the Atlantic Ocean and the Gulf of Mexico with a
peak from May through June. The LCS fishery has usually been closed for
at least some of the time during these peak pupping months to reduce
the likelihood of interactions with juvenile and reproductive female
sharks. Additionally, if NMFS were to open the season on May 1, it is
likely that the South Atlantic regional quota would have been harvested
prior to the reopening of the time/area closure off North Carolina.
Although July 1 has historically been the start of the second semi-
annual season, NMFS received several comments that a season opening
date of July 6 would improve marketing opportunities because it does
not conflict with the Fourth of July holiday. Commenters pointed out
that a July 6 season start date would prevent a glut of shark product
on the market prior to the Fourth of July holiday when the market for
sharks has historically been low. Thus, NMFS believes that the July 6
start date for the second trimester LCS season in the South Atlantic
and Gulf of Mexico regions strikes a balance between the various
competing interests based on shark availability, pupping concerns, and
equitable distribution of the quota. The start date of July 21 for the
North Atlantic region will allow that region's second and third
trimester seasons to run consecutively.
Comment 2: The proposed opening date of September 1 for the third
trimester season in the Gulf of Mexico will allow fishing when there
are virtually no sharks to catch, with the exception of migrating dusky
sharks. This is a prohibited species that will no doubt be caught and
discarded if there is any fishing effort in the Gulf of Mexico during
this time.
Response: NMFS does not anticipate that there will be excessive
catch and discard of prohibited shark species. However the likelihood
of catching prohibited species always exists, and NMFS will monitor
landings and discards closely in order to determine whether the discard
of prohibited shark species is excessive. Vessels will be selected for
observer coverage, and through the observers, NMFS will be able to
determine during the season if the third trimester season is resulting
in excessive prohibited species interactions. Before the 2006 third
season, NMFS will also use logbook reports to further verify whether or
not opening at that time caused excessive prohibited species
interactions.
Comment 3: Catching sharks should be totally banned. If not totally
banned, then shark quotas should be cut by 50 percent this year, and by
10 percent every year after that.
Response: NMFS does not believe that banning all shark fishing is
warranted for the following reasons: a number of businesses, including
fishermen, processors, suppliers, and dealers could be forced out of
business and a number of communities, including recreational fishing
communities, would be adversely affected. In addition, the current
rebuilding plan implemented in 2003 reduced the LCS quotas by 41
percent from 1,714 to 1,017 mt dw, to ensure a sustainable fishery and
viable Atlantic shark populations in compliance with the requirements
of the Magnuson-Stevens Act and other domestic laws.
Comment 4: NMFS should implement a more frequent reporting system
for Atlantic shark landings. Reporting every week, as opposed to the
current two-week reporting period, would help improve monitoring catch
rates during the season.
Response: NMFS may consider shortening the reporting period in the
future. However, prior to taking such an action, NMFS would need to
conduct additional analyses, including an opportunity for public notice
and comment as required by the Paperwork Reduction Act (PRA). Since
shortening the reporting period would increase the reporting burden on
seafood dealers, NMFS would need to amend the current regulations as
well as the information collection approved by the Office of Management
and Budget pursuant to the PRA. Even if the reporting period were
shortened, NMFS would likely continue to establish the commercial shark
fishing seasons in advance of the season to avoid overharvests.
Comment 5: NMFS should shorten the third trimester season in the
South Atlantic by approximately one month to avoid an overharvest.
Response: NMFS agrees that there is the possibility that catch
rates in late October or early November could increase, potentially
resulting in an overharvest. As a result, NMFS will take the
precautionary step of closing the third trimester season in the South
Atlantic on November 15. Any over- or underharvest will be counted
against or added to the South Atlantic quota during the third season of
2006.
Comment 6: NMFS should consider opening the first trimester season
in February rather than January, because sharks are typically not
available until that time.
Response: NMFS will consider postponing the opening date in all
regions for the 2006 first trimester season in a proposed rule to be
published later this year in the Federal Register.
Comment 7: There are enormous numbers of spiny dogfish and
something must be done to manage them.
Response: Spiny dogfish are currently managed jointly by the Mid-
Atlantic and New England Fishery Management Councils. Any comments on
that FMP should be submitted to those Councils.
Changes From the Proposed Rule (March 10, 2005, 70 FR 11922)
In the proposed rule, NMFS considered opening the LCS second
trimester season in the Gulf of Mexico on August 1, in the South
Atlantic on July 1, and in the North Atlantic on July 15. NMFS
considered delaying the start of the second season from May 1 in order
to reduce the likelihood of interactions during shark pupping periods,
and to allow the available quota to be harvested by the beginning of
the third trimester season. Delaying the start of the second trimester
season would have allowed the second and third trimester seasons to run
consecutively. This would have prevented the need for a closure of the
LCS fishery between the second and third trimester seasons and could
have helped minimize disruption to fishery participants in the
transition from semi-annual to trimester seasons. After considering
public comments, NMFS has decided to change the season opening date for
the Gulf of Mexico from August 1 to July 6, and the South Atlantic
season opening date from July 1 to July 6. NMFS received several
comments that a July 6 opening date in both regions would improve
marketing opportunities because it does not conflict with the Fourth of
July holiday. Many fishermen indicated that sharks are available in
July, but not in August, and that an opening date of August 1 would
have had negative economic impacts on fishermen in the Gulf of Mexico
as a result. Fishermen also noted that the lobster fishery opens on
August 1, and that opening the shark season on the same date would have
prevented them from participating in either the shark or the lobster
fishery, thus creating further economic hardship on fishermen who rely
on revenues from both fisheries. Since the fishery has historically
opened on July 1, NMFS
[[Page 21676]]
does not believe there will be any negative ecological or economic
impacts as a result of this change. Since the season will now begin on
July 6, and catch rates have historically been higher in July than
August however, the season in the Gulf of Mexico will need to be
shortened. Consequently, the second and third trimester seasons in the
Gulf of Mexico will not run consecutively.
For the North Atlantic region, recent updates to landings
information indicated higher landings that required delaying the start
of the second trimester season one week from July 15 to July 21. This
will allow the second and third trimester seasons to run consecutively
from July 21 to August 31, 2005, and from September 1 to September 15,
2005, respectively, without overharvesting the quota.
In the proposed rule, NMFS considered a closing date of December 15
for the South Atlantic region. After considering public comments, NMFS
has decided to establish a closing date of November 15. There has
historically been no commercial shark fishery in October or November,
and NMFS thus estimated the closing date in the proposed rule based on
the available quota and historic catch rates during August and
September. Fishermen indicated that there is a likelihood of an
increased harvest of LCS during October and November, and that leaving
the fishery open until December 15 could have resulted in an
overharvest. Thus, NMFS opted for a precautionary approach of an
earlier closing date. In the event that the quota is not caught during
this period, NMFS may consider a longer season in the future.
Available Quotas
The calculations and details for establishing the regional quotas
are described in the proposed rule (March 10, 2005, 70 FR 11922) and
are not repeated here. For the Gulf of Mexico, the final LCS quotas for
the second and third trimester seasons are 147.8 and 167.7 mt dw,
respectively, and the final SCS quotas for the second and third
trimester seasons are 30.5 and 31.7 mt dw, respectively.
For the South Atlantic, the final LCS quotas for the second and
third trimester seasons are 182.0 and 187.5 mt dw, respectively, and
the final SCS quotas for the second and third trimester seasons are
281.3 and 201.0 mt dw, respectively.
For the North Atlantic, the final LCS quotas for the second and
third trimester seasons are 65.2 and 4.8 mt dw, respectively, and the
final SCS quotas for the second and third trimester seasons are 23.0
and 15.9 mt dw, respectively.
The 2005 second and third trimester quotas for pelagic (other than
blue and porbeagle), blue, and porbeagle sharks are established at
162.7 mt dw (358,688 lb dw), 91.0 mt dw (200,619 lb dw), and 30.7 mt dw
(67,681 lb dw), respectively.
Fishing Season Notification for the Second Season
The second trimester fishing season of the 2005 fishing year for
LCS will open on July 6, 2005, in the South Atlantic and Gulf of Mexico
regions, and on July 21, 2005, in the North Atlantic region. The second
trimester season LCS fishery will close on July 23, 2005, at 11:30 p.m.
local time in the Gulf of Mexico, and on August 31, 2005, at 11:59 p.m.
local time in the South Atlantic and North Atlantic regions.
The second trimester fishing season of the 2005 fishing year for
SCS, pelagic sharks, blue sharks, and porbeagle sharks in the
northwestern Atlantic Ocean, including the Gulf of Mexico and the
Caribbean Sea, will open on May 1, 2005. When quotas are projected to
be reached for the SCS, pelagic, blue, or porbeagle shark fisheries,
the Assistant Administrator (AA) will file notification of closures at
the Office of Federal Register at least 14 days before the effective
date, as consistent with 50 CFR 635.28(b)(2).
To estimate the LCS fishery opening and closing dates for the
second season, NMFS calculated the average reported catch rates for
each region from the second semi-annual season in recent years (2000-
2004). These catch rates were used to estimate the amount of available
quota that would likely be taken by the end of each dealer reporting
period.
Consistent with 50 CFR 635.27(b)(1)(vi), any over- or underharvests
in one region will result in an equivalent increase or decrease in the
following year's quota for that region.
Because state landings during a Federal closure are counted against
the quota, NMFS also calculated the average amount of quota reported
received during the Federal closure dates of the years used to estimate
catch rates.
Pursuant to 50 CFR 635.5(b)(1)(iii), shark dealers must report any
sharks received twice a month. More specifically, sharks received
between the first and 15th of every month must be reported to NMFS by
the 25th of that same month and those received between the 16th and the
end of the month must be reported to NMFS by the 10th of the following
month. Thus, in order to simplify dealer reporting and aid in managing
the fishery, in recent years NMFS has opened and closed the Federal LCS
fishery on either the 15th or the end of any given month. However,
based on available quota, historic catch rates, and the recent change
counting state landings against the quota, NMFS has decided to allow
the Gulf of Mexico LCS fishery to remain open for 18 days during the
second trimester season, rather than the usual two or four weeks. An
18-day season will allow the quota to be harvested without exceeding
the quota. A two-week season would only have allowed 75 percent of the
quota to be harvested.
Based on average LCS catch rates in recent years (2000-2004) for
the Gulf of Mexico region, approximately 92 percent of the available
second trimester LCS quota (148.0 mt dw) would likely be taken in 18
days and 108 percent of the available LCS quota would likely be taken
in three weeks. Dealer data also indicate that, on average,
approximately 6.5 mt dw of LCS has been reported received by dealers
during a Federal closure. This is approximately 4 percent of the
available quota. If catch rates in 2005 are similar to the average
catch rates from 2000 to 2004, 96 percent (92 + 4 percent) of the
second trimester quota could be caught if the season were open for 18
days, and 112 percent (108 + 4) of the quota could be caught if the
season were open for three weeks. If the fishery were to remain open
for three weeks, the quota would likely be exceeded. Thus, the LCS
fishery in the Gulf of Mexico region will open on July 6, 2005, and
close at 11:30 p.m. on July 23, 2005.
Based on average LCS catch rates in recent years (2000-2004) for
the South Atlantic region, and accounting for reduction in effort due
to the time/area closure off North Carolina, approximately 89 percent
of the available second trimester LCS quota (182.0 mt dw) would likely
be taken in eight weeks and 107 percent of the available LCS quota
would likely be taken in nine weeks. Dealer data also indicate that, on
average, approximately 17 mt dw of LCS has been reported received by
dealers during a Federal closure. This is approximately 9 percent of
the available quota. Thus, if catch rates in 2005 are similar to the
average catch rates from 2000 to 2004, 98 percent (89 percent + 9
percent) of the quota could be caught in eight weeks, and 116 percent
(107 percent + 9 percent) of the quota could be caught in nine weeks.
Thus, in order for the second and third trimester seasons to run
consecutively without exceeding the quota during the second trimester
[[Page 21677]]
season, the LCS fishery in the South Atlantic will open on July 6,
2005, and close at 11:59 p.m. on August 31, 2005.
Based on average LCS catch rates in recent years (2000-2004) for
the North Atlantic region, approximately 80 percent of the available
second trimester LCS quota (65.2 mt dw) would likely be taken in five
weeks and 89 percent of the available LCS quota would likely be taken
in six weeks. Dealer data also indicate that, on average, approximately
12 mt dw of LCS has been reported received by dealers during a Federal
closure. This is approximately 18 percent of the available quota. Thus,
if catch rates in 2005 are similar to the average catch rates from 2000
to 2004, 98 percent (80 + 18 percent) of the quota could be caught in
five weeks, and 107 percent (89 percent + 18 percent) in six weeks.
Thus, allowing the fishery to stay open for six weeks could result in
an overharvest. In order for the second and third trimester seasons to
run consecutively without exceeding the quota during the second
trimester season, the North Atlantic will open on July 21, 2005 and
close at 11:59 p.m. on August 31, 2005.
Fishing Season Notification for the Third Season
The third trimester fishing season of the 2005 fishing year for
LCS, SCS, pelagic sharks, blue sharks, and porbeagle sharks in all
regions in the northwestern Atlantic Ocean, including the Gulf of
Mexico and the Caribbean Sea, will open on September 1, 2005. When
quotas are projected to be reached for the SCS, pelagic, blue, or
porbeagle shark fisheries, the AA will file notification of closures at
the Office of Federal Register at least 14 days before the effective
date, as consistent with 50 CFR 635.28(b)(2).
NMFS will close the third trimester season LCS fishery in the North
Atlantic on September 15, 2005, at 11:30 p.m. local time, in the Gulf
of Mexico on October 31, 2005, at 11:30 p.m. local time, and in the
South Atlantic on November 15, 2005, at 11:30 p.m. local time.
Since the LCS fishery has historically been closed during much of
the third trimester period, NMFS used average LCS catch rates from
August and September in recent years (2000-2004) to estimate the third
trimester season catch rates and closure dates for each of the regions.
NMFS used this precautionary approach of averaging catch rates from
August and September because of the potential for higher effort in
September than has been observed in the past, and to reduce the
likelihood of an overharvest. Using catch rates from August alone may
not be appropriate because catch rates during that month have been
higher historically than during September, and because it does not fall
within the third trimester season. However, using catch rates from
September alone may also not be appropriate because of the lack of data
during that month. Hence, NMFS used the average of the two-month catch
rates.
In the Gulf of Mexico, approximately 79 percent of the available
third trimester LCS quota (167.8 mt dw) would likely be taken by the
end of October and 99 percent of the available LCS quota would likely
be taken by the second week of November. Dealer data also indicate
that, on average, approximately 6.5 mt dw of LCS has been reported
received by dealers after a Federal closure. This is approximately 4
percent of the available quota. Thus, if catch rates in 2005 are
similar to the average catch rates from 2000 to 2004, 82 percent (79
percent + 4 percent) of the quota could be caught by the end of
October. If the fishery were to remain open until the second week of
November, the quota would likely be exceeded (99 percent + 4 percent =
103 percent). Accordingly, NMFS will close the Gulf of Mexico LCS
fishery on October 31, 2005, at 11:30 p.m. local time.
In the South Atlantic, approximately 86 percent of the available
third trimester LCS quota (187.5 mt dw) would likely be taken by the
second week of December and 98 percent of the available LCS quota would
likely be taken by the end of December. Dealer data also indicate that,
on average, approximately 18 mt dw of LCS has been reported received by
dealers after a Federal closure. This is approximately 10 percent of
the available quota. Thus, if catch rates in 2005 are similar to the
average catch rates from 2000 to 2004, 96 percent (86 percent + 10
percent) of the quota could be caught by the second week of December.
If the fishery were to remain open until the end of December, the quota
would likely be exceeded (98 percent + 10 percent = 108 percent).
However, since publishing the proposed rule (March 10, 2005, 70 FR
11922), NMFS has received comments from fishermen with historical
knowledge of the fishery that landings may actually increase in late
October or early November. As a precautionary step to avoid an
overharvest, NMFS will close the South Atlantic LCS fishery on November
15, 2005, at 11:30 p.m. local time.
In the North Atlantic region, approximately 70 percent of the
available third trimester LCS quota (4.8 mt dw) would likely be taken
by the second week of September and 140 percent of the available LCS
quota would likely be taken by the end of September. Dealer data also
indicate that, on average, approximately 7 mt dw of LCS has been
reported received by dealers after a Federal closure. This is
approximately 138 percent of the available quota. Thus, if catch rates
in 2005 are similar to the average catch rates from 2000 to 2004, 210
percent (70 percent + 140 percent) of the quota could be caught by the
second week of September. Accordingly, NMFS will close the North
Atlantic LCS fishery on September 15, 2005, at 11:30 p.m. local time.
This is the shortest season duration that NMFS believes is reasonable
to ensure harvest of the 4.8 mt dw quota. Although the percentage
overharvest ms high, the actual landings during a Federal closure in
the North Atlantic (7 mt dw) are low compared to the overall LCS quota
(<1 percent), and NMFS does not believe that this would have a negative
ecological impact on the LCS rebuilding plan.
Classification
The Chief Counsel for Regulation at the Department of Commerce
certified to the Chief Counsel for Advocacy at the Small Business
Administration that this action would not have a significant economic
impact on a substantial number of small entities.
The factual basis for this certification was published in the
proposed rule. No comments were received regarding the economic impact
of this rule. As a result, no Final Regulatory Flexibility Act analysis
was prepared. This final rule will not increase overall quotas,
landings or regional percentages for LCS or SCS, implement any new
management measures not previously considered, and is not expected to
increase fishing effort or protected species interactions.
The AA finds that good cause exists to waive the 30-day delay in
effective date for the May 1, 2005, start of the second trimester
fishing season for SCS, pelagic, blue, and porbeagle shark fisheries.
NMFS received updated landings reports for the first and second 2004
fishing seasons on February 17, 2005. These data were necessary for
making over- or underharvest adjustments to the quotas consistent with
50 CFR 635.27(b)(1)(vi). Although preliminary reports from earlier
reporting periods were available, NMFS needed to obtain the most recent
landings data available to establish appropriate quotas and season
lengths based on the best available information for the 2005 second and
third trimester
[[Page 21678]]
seasons. The February 17, 2005, report on commercial shark landings was
the first report received from dealers since the end of the 2004 second
semi-annual season, as well as the first report received for the 2005
first trimester season. If the 30-day delay in effective date is not
waived, then commercial fishermen in the SCS, pelagic, blue, and
porbeagle shark fisheries will not be able to fish on May 1, 2005. Not
allowing them to fish for these species, which are not overfished and
are not at risk of an overharvest, would have negative economic
impacts. Negative economic impacts would include elimination of all
shark landings during a time in which fishermen have historically been
allowed to fish, loss of anticipated revenues, marketing opportunities,
predictability in the supply and availability of shark products, and
general disruption to the Atlantic commercial shark fishery. Since the
LCS commercial fishing season has been shortened in recent years to
adjust for lower LCS landings quotas, fishermen have come to rely on
landings of SCS, pelagic, blue, and porbeagle sharks during times when
the LCS fishery is closed. Not allowing the fishery to remain open
during this period would likely result in fishermen having to target
other species, switch to new gears, or leave the fishery entirely.
Other provisions of this final rule, including the opening dates for
LCS, would have a 30-day delay in effectiveness from the date of
publication of this rule. Accordingly, pursuant to 5 U.S.C. 553(d)(1),
a delay in effective date is waived for the above-referenced May 1,
2005, start date.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS determined that this rule will be implemented in a manner that
is consistent, to the maximum extent practicable, with the enforceable
policies of the approved coastal zone management (CZM) programs of
coastal states in the Atlantic, Gulf of Mexico, and Caribbean. NMFS
asked for states concurrence with this determination during the
proposed rule stage. Three states replied affirmatively regarding the
consistency determination, and one state (Texas) indicated that its CZM
program no longer issues consistency determinations for federally
managed fishing activities. NMFS presumes that the remaining states
that have not yet responded concur with the determination.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: April 22, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05-8443 Filed 4-22-05; 4:31 pm]
BILLING CODE 3510-22-S
